CERBERUS LAND TERMS AND CONDITIONS OF BUSINESS
1. Estimates are valid for 14 days from issue date unless by prior arrangement in writing by Cerberus Land. If you wish to extend the estimate period, please contact Cerberus Land.
2. Estimates are an approximate estimate of the total cost of carrying out the services detailed within and can be subject to change by Cerberus Land due to weather conditions, ground conditions, supplier’s price change, materials price change, hire cost increases/repairs or any other circumstances beyond the control of Cerberus Land without notice. Cerberus Land will endeavour to inform the customer or client before undertaking or continuing with work which may exceed the amount stated on any estimate supplied.
3. Cerberus Land will not undertake any work in areas to which livestock (including horses) have unrestrained access to for safety and insurance reasons. It is the customer’s responsibility to ensure livestock (including horses) are secured or removed from the work area prior to the arrival of Cerberus Land.
4. In the case of works requiring ground penetration (including fencing installation), it is the customer’s responsibility to provide utility plans of the site indicating where underground and over ground services (gas, mains electric, telephone, water, sewage, oil, ect) are situated to minimise potential for accidental damage to any services by ground penetration or use of heavy plant or excavators. If the customer is unable to provide any such utility plans prior to requesting that any such works commence, the customer agrees that Cerberus Land shall bear no liability for any damage caused to any over or underground services and that the responsibility for locating, repairing or replacing any such damage caused shall solely be the customers. A Cat & Genny / GPR scan may be required to locate any such services that are indicated as present at an additional cost to that shown in any estimate.
5. In the case of charges being applied at an hourly rate, time from leaving our depot to time of returning to the depot is charged at the hourly (or part thereof) rate specified by Cerberus Land for that activity. Time spent on site carrying out repairs to plant / implements caused by damage or debris in fields / on site will be included in hourly charges.
6. In the case of charges being applied at an hourly rate, a minimum of 2 hours at that hourly rate will be charged for.
7. For small-scale tractor operation / paddock maintenance / field work / ground clearance, all work areas (particularly grassland) are to be checked and cleared of debris or other objects (such as fallen fencing, electric fence tape / rope, manhole covers, concrete blocks, metalwork or hosepipes) which have the potential to damage plant or agricultural implements prior to arrival. Any damage caused or repairs required to plant or implements due to debris or objects (whether considered concealed or not) present in fields / on site in work areas will be charged to customers. If customers are unable to remove such debris or items from work areas, it is the customers responsibility to make plant operators aware of the presence and location of any such items or objects prior to work commencing to prevent damage.
8. In the event of any work being cancelled due to circumstances outside the control of Cerberus Land, including cancellation by customer or client, inclement or adverse weather and deterioration in ground conditions, the customer or client is liable for any material, goods, transport and plant hire costs incurred by Cerberus Land related to the cancelled work on behalf of that customer or client. Cerberus Land will endeavour to minimise any costs or charges incurred as a result of cancelled works.
9. In the case of work involving forestry, fencing, plant operation and tree / ground clearance or any other works involving agricultural machinery or heavy plant, the work area will be left generally ‘clean, tidy and safe’ at the conclusion of work, but because of the nature of the work and plant / equipment used on site and the traversing of such machinery and site personnel the ground will not be as it was prior to commencement of works, particularly in soft or wet ground which may result in damage to grassland or turf. We will endeavour to keep any ground disturbance to a minimum but we will not accept liability for any damage caused to the ground.
10. In the case of equestrian waste / muck heap removal from sites, the rate per load shown in estimates is per each load or part load of clean / uncompromised equestrian muck heap removed. If non-equestrian / non-compostable waste (including, but not limited to, baling twine, haylage / silage wrap, feed bags, pallets, plastic, metal, tyres, timber, wire, branches, tree stumps, et cetera) is found within any loads removed from site, each load or part load removed will be charged (without exception) at £450.00 per load excluding VAT at the prevailing rate and the waste taken to landfill or charged at £250.00 per load excluding VAT and the waste returned to site for disposal.
11. Payment to be made in full within 14 days of invoice date or by due date stated on invoice (whichever is sooner) by BACS or credit or debit card. Personal cheques are not accepted as a payment method.
12. Invoice queries must be raised in writing prior to the invoice due date. Cerberus Land will be prepared to exercise our discretion regarding late payment due to financial difficulties provided we are contacted in writing prior to the invoice due date.
13. A late payment charge of 10% of the outstanding / unpaid balance or £100.00 (whichever is greater) will be added to all invoices more than 7 days overdue for payment. Cerberus Land will exercise our statutory right to claim interest at the Bank of England base rate plus 8% and compensation for debt recovery costs under late payment legislation if payment in full is not made per terms and conditions. Any additional debt recovery costs incurred by Cerberus Land to recover unpaid invoices will be added to the balance owed by the customer. Our debt recovery policy is available on request.
14. Cerberus Land reserve the right to require a deposit, material costs or payment in advance of or at time of carrying out services or supplying or purchasing products, goods or materials to, for or on behalf of a customer or client should Cerberus Land require, or if that customer or client has breached the Terms and Conditions of Business previously.
15. All products, goods, equipment or materials supplied or sold remain the property of Cerberus Land until payment is received in full.
16. All prices (unless stated or displayed otherwise) are subject to Value Added Tax (VAT) at the standard rate of 20%.
17. Cerberus Land reserve the right to amend these Terms and Conditions without notice.
18. All charges relating to the service of, repair of, renovation of, or diagnosis of faults on equipment, plant, agricultural machinery or implements to be paid in full prior to the equipment, plant, agricultural machinery or implements being returned or released for collection.
19. All second hand / used farm equipment, plant, vehicles, machinery and implements are sold as seen with no warranty given or implied.
20. All new / second hand / used farm equipment, plant, vehicles, machinery and implements will not be delivered / released for collection until the balance of the sale is paid for in full.
21. In instructing Cerberus Land to carry out work, services or supply, deliver or purchase products, goods or materials the client or customer agrees to be bound by and adhere to the Terms and Conditions set out above.
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